Hari Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1543 of 2024 ====================================================== Hari Sahani son of Late Sahveer Sahani, resident of Village-Sumerpatti, P.S.- Dariyapur, District-Saran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Principal Secretary, Department of Land Revenue, Govt. of Bihar, Patna.
3.
District Collector cum Magistrate, Saran at Chapra. 4.
District Land Acquisition Officer, Saran at Chapra. 5.
Addl. District Magistrate, Saran, Chapra.
6.
Circle Officer, Dariyapur, Saran.
7.
Chief Engineer, NHAI, New Delhi.
8.
Project Manager, NHAI, Saran, Chapra.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Mishra, Advocate Mr. Nitesh Kumar Nirala, Advocate Mr. Arun Kumar, Advocate Mr. Surendra Prasad Singh, Advocate For the Respondent/s :
AC to GA -13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-05-2024 Heard the parties.
2. The present writ petition has been preferred for direction to the respondent-authorities to make sufficient, adequate and satisfactory payment as compensation for acquired land with compound interest to the petitioner as per the new rules of land acquisition in the light of judgment of Hon'ble High Court as well as Hon'ble Apex Court.
3. In paragraph-8, it has been stated by the petitioner
Patna High Court CWJC No.1543 of 2024(2) dt.09-05-2024 2/2 that admittedly, he has got compensation both for the agricultural land as also for the house, the compensation should have been granted treating the entire area as residential.
4. Learned counsel for the NHAI submits that if he is still aggrieved should have approached under section 3(G)5 of the National Highway Act, 1956 before the Arbitrator.
5. Learned counsel for the petitioner submits that he will be approaching the concerned authority.
6. He additionally submits that actually the road does not belong to NHAI rather the same belongs to the National Highway Division.
7. Granting such liberty to the petitioner to approach the Arbitrator, the writ petition stands disposed of. (Rajiv Roy, J) Jagdish/- U